Business cycles can severely affect the viability of a business. Sometimes the business environment shifts, and a previously successful company falls on hard times. When hard times come, some companies end up getting dissolved. Fortunately, even the difficult times are often temporary. A business strategy that was once not viable might suddenly become an outstanding opportunity. These situations can...

At some point, business success can cause good problems. For example, when your business has expanded into another state, this is a good “problem” to have! But it does raise some questions, like, can I live in a state different than my LLC? You may also choose to live in one state but operate your business out of another...

When a business or an individual has an idea that they want to protect from being used by others without their permission, it is best to seek legal protection of that intellectual property. So what are the different types of intellectual property, and how can an owner protect their rights? Today we look at the main types of intellectual...

Business succession planning is critical to protect a company’s future and enable it to thrive after leadership steps down or dies. If succession plans are unclear, incomplete, or absent, legal problems may arise as individuals try to decide how to manage the business going forward. When the reason for the transfer is the owner’s death, disputes may occur during...

Thinking about launching your own business in the Sunshine State? Whether eyeing the bustling streets of Orlando or a beachfront community along the Gulf, Florida is full of opportunity but also legal complexity. One of the first choices you’ll need to make is a franchise vs. an independent business structure. Should you ride the wave of a nationally recognized...

Starting or growing a business takes more than passion and a good idea. It takes capital. But choosing how to raise that capital isn’t always easy. If you’re deciding between giving up a share of your company or taking on a loan, you’re not alone. Many Florida business owners wonder what the right funding approach is for their business....

When someone creates an estate plan or trust document and names an executor or trustee, they expect that person to faithfully fulfill the obligations that role demands. But what if they abuse that responsibility? Can you sue an estate’s executor for a breach of fiduciary duty? What about a trustee? Depending on the circumstances, yes, you can. Suing an...

Contesting a will in Florida is a legal process that allows interested parties—those with a potential legal interest in some part of a deceased person’s (decedent’s) estate—to challenge a will’s validity. Common reasons someone may contest a will include concerns about the decedent’s mental capacity, undue influence, fraud, or improper execution. If successful, the court may invalidate the entire...

When someone dies, and their will seems inconsistent with their known intentions, loved ones and business partners may wonder what happened. If someone manipulated the deceased person (“decedent,” or, when they left behind a will, “testator”) undue influence may have occurred. Here, we explore how to prove undue influence, showing that the decedent’s decision-making was overpowered by someone they...

Probate litigation disputes can arise when someone contests the estate administration process. They can delay estate settlement, increase costs, and create lasting family conflict. For business owners, probate litigation may also affect legal control over shares or ownership interests and access to crucial business assets. Understanding the common types of probate litigation and how to resolve them can help...